Marion City Zoning Code
ARTICLE XIV
Subdivision Phasing
§ 230-14.1 Purpose.
The purpose of this article, Subdivision Phasing, is to assure that growth shall be phased so as not to unduly strain the Town's ability to provide public facilities and services, so that it will not disturb the social fabric of the community, so that it will be in keeping with the community's desired rate of growth, and so that the Town can study the impact of growth and plan accordingly.
§ 230-14.2 Applicability.
The issuance of building permits for any tract of land divided pursuant to any provision of MGL c. 41, §§ 81K through 81GG, the Subdivision Control Law, into more than seven lots after the effective date of this bylaw shall be subject to the regulations and conditions set forth herein. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of March 10, 1997.
§ 230-14.3 Phased issuance of building permits.
Not more than seven building permits shall be issued in any twelve-month period for construction of residential dwellings on any tract of land divided into more than seven lots pursuant to any provision of MGL c. 41, §§ 81K through 81GG, the Subdivision Control Law.
§ 230-14.4 Exceptions.
Issuance of more than seven building permits for the same tract of land in a twelve-month period may be allowed in the following circumstances:
A.
The owner of said land may apply for a special permit from the Planning Board for the issuance of more than seven building permits in any twelve-month period. The Planning Board may grant a special permit only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit, considering the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, traffic hazards, preservation of unique natural features, planned rate of development, and housing for senior citizens and people of low or moderate income, as well as conformance with Master Plan or Growth Management Plans prepared by the Planning Board pursuant to MGL c. 41, § 81D. The Planning Board shall give particular consideration to proposals that demonstrate a reduction in allowable density of 50% or more.
B.
Where the tract of land will be divided into more than 40 lots, the Planning Board may, by special permit, authorize development at a rate not to exceed 10% of the units per year.
§ 230-14.5 Zoning change protection.
The protection against subsequent zoning change granted by MGL c. 40A, § 6 to land in a subdivision shall, in the case of a development whose completion has been constrained by this article, be extended to 10 years.
§ 230-14.6 Relation to real estate assessment.
Any landowner denied a building permit because of these provisions may appeal to the Board of Assessors, in conformity with MGL c. 59, § 59, for a determination as to the extent to which the temporary restriction on development use of such land shall affect the assessed valuation placed on such land for purposes of real estate taxation, and for abatement as determined to be appropriate.